Justice Department withdraws case after courts reject bid to set aside ballots over allegations they may have been cast by noncitizens.
The US Justice Department has moved to voluntarily dismiss its lawsuit challenging the counting of 20,000 ballots in California, after the midterm elections concluded and courts rejected its efforts to have the votes set aside.
The department had sought a court order requiring California and Los Angeles County election officials to segregate the ballots, alleging they could have been cast by non-citizen voters.
US District Judge David Carter and a three-judge panel of the 9th Circuit Court of Appeals rejected the request. The US Supreme Court also denied the administration’s appeal, with no noted dissents.
In a court filing on Friday, Assistant US Attorney Julie Hamill argued that the requested relief was no longer possible because Tuesday’s midterm election had concluded and the challenged ballots would be mixed with lawful votes before a November 13 hearing.
“There is then no way to get the challenged ballots segregated,” Hamill wrote.
‘Not credible’ allegations
“The relief the United States sought and needed is no longer available — rendering voluntary dismissal necessary,” the motion said.
Justice Department spokesperson Kiersten Pels said the case was moot but insisted the administration “is not backing down” from efforts to target alleged noncitizen voters. She pointed to a separate case seeking to compel California to review its voter rolls.
Carter ruled on October 28 that the request was likely unconstitutional, saying states control their elections and describing the government’s allegations as “not credible”.
Los Angeles County Registrar-Recorder-County Clerk Dean Logan said he was “pleased that the administration has accepted the clarity of the court findings”.
California Attorney General Rob Bonta said the administration “has given up its latest unlawful effort to interfere with California’s elections and disenfranchise eligible voters”.
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Photo: AFP Archive

